Legal Opinion
Cooper v. Northern Pac. Ry. Co.
District Court, D. Montana
Decided March 31, 1914No. 265PublishedCited by 8 opinions
. At Law. Action by Walter Cooper against the Northern Pacific Railway Company. On demurrer to complaint.
1Opinion of the Court
BOURGUIN, District Judge.
Plaintiff is lessee of' defendant of a part of the latter’s right of way. His property thereon, and on adjoin*535ing premises of his, was destroyed by fire due to dead grass, weeds, brush, and other combustible material upon the right of way, fired by sparks and fire from a locomotive moving cars upon the road. The lease, amongst others, contains the following provisions:
“It is understood by both parties hereto that the leased premise’s are in dangerous proximity to the tracks of the railway company and that persons and property on the leased premises will be in danger of…
2Cases cited2 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
3Cited by8 opinions
- E. I. Du Pont De Nemours & Co. v. Claiborne-Reno Co.Court of Appeals for the Eighth Circuit · 1933
- Pettit Grain & Potato Co. v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1948
- Constitution Pub. Co. v. CommissionerUnited States Board of Tax Appeals · 1931
- Stroh Ranch Development, LLC v. Cherry Creek South Metropolitan District No. 2District Court, D. Colorado · 2013
- Jackman v. Continental Nat. BankCourt of Appeals for the Eighth Circuit · 1926
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